E Center

National Labor Relations Board - Board Decisions

Jun 27, 2016

20-CA-124323 (N.L.R.B. Jun. 27, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
E CENTER
and Cases 20-CA-124323
20-CA-125698
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 1021, CLC
AMENDED SUPPLEMENTAL ORDER
On December 30, 2014, the Board issued its Order adopting the Administrative
Law Judge’s recommended Decision in the above cases, directing E Center (the
Respondent) to, inter alia, make bargaining unit employees whole for any losses they
suffered as a result of the Respondent’s unfair labor practices in violation of Section
8(a)(5) of the National Labor Relations Act. On March 12, 2015, the United States
Court of Appeals for the Ninth Circuit entered its judgment in Civil No. 15-70119,
enforcing in full the Board’s Order.
Thereafter, the Region issued a Compliance Specification on March 25, 2016,
alleging that the Respondent is obligated to pay interest on payments made to
bargaining unit employees, and backpay totaling $44,847.25, plus interest.
Following issuance of the Compliance Specification, the parties reached an
agreement on a written Formal Compliance Stipulation (the Stipulation) providing for
payment by the Respondent of unpaid interest in the amount of $3,160 for employee
medical expenses, $44,847.25 in backpay, $2,780.53 for its share of FICA, and $650.29
for its share of Medicare taxes. The Stipulation specifically provides that all parties
waive the filing of an answer to the Compliance Specification, hearing, Administrative
Law Judge’s Supplemental Decision, the filing of exceptions and briefs, oral argument
before the Board, the making of findings of fact or conclusions of law by the Board, and
all further proceedings to which the parties may be entitled to under the Act or the
Board’s Rules and Regulations.
The Stipulation also provides that the Stipulation, together with the Compliance
Specification, the Board’s unpublished Order adopting the Administrative Law Judge’s
Decision and Recommended Order dated December 30, 2014, and the Ninth Circuit’s
March 12, 2015 Order constitute the entire record herein.
Pursuant to the Stipulation, the United States Court of Appeals for any
appropriate circuit, upon application by the Board, may enter its judgment enforcing the
Supplemental Order of the Board. The Respondent waives all defenses to the entry of
the judgment, including compliance with the Supplemental Order of the Board, and its
right to receive notice of the filing of an application for entry of such judgment.
2
The Stipulation is approved and made a part of the record herein, and the
proceeding is transferred to and continued before the Board in Washington, D.C. for the
entry of a Supplemental Order pursuant to the provisions of the Stipulation.
Upon the basis of the Stipulation and the entire record in the case, and pursuant
to Section 10(C) of the National Labor Relations Act, as amended, the National Labor
Relations Board orders the following:
The Respondent, E Center, its officers, agents, successors, and assigns, shall
take the following affirmative action to effectuate the policies of the National Labor
Relations Act, as amended:
(a) Within 14 days of the date of this Order, pay $3,160 in unpaid interest on
the medical expenses payments made to bargaining unit employees on March
21, 2016, $44,847.25 for lost wages and benefits for the spring break remedy,
plus interest, $2,780.53 for the Respondent’s share of Federal Insurance
Contributions Act (FICA) on wages, and $650.29 for the Respondent’s share of
Medicare taxes on wages. The Respondent shall pay the FICA rate in effect at
the time payment is made.
Dated, Washington, D.C., June 10, 2016.
By direction of the Board:
/s/ Gary Shinners
Executive Secretary